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96-1015_CC_Minutes_Regular Meeting326 OCTOBER 15, 1996 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Hart at 7:07 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Robert Schwenck of the Community Presbyterian Church. ROLL CALL: PRESENT: Wyatt Hart, Mayor David M. Swerdlin, Mayor pro tem Collene Campbell, Council Member Gil Jones, Council Member Carolyn Nash, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Joe Arraiiaga, ' Public Lands and Facilities Director; Al King, Jr., Community Services Director; Lt. Paul Sullivan, Chief of Police Services; Nancy Bernardi, Recording Secretary. MOTION TO READ BY TITLE ONLY It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously carried that all Ordinances be read by title only. Mayor pro tem Swerdlin introduced the following Commission representatives in attendance: John Greiner and Bill Sonka (Planning Commission), Pauline Leonard and Ilse Byrnes (Parks, Recreation, and Equestrian Commission), David Belardes (Cultural Heritage Commission), and Al Simmons (seniors liaison to the City). ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYI 1. ORANGE COUNTY HARBORS BEACHES AND PARKS (530 101 ' Use Byrnes, 30500 Hilltop Way, advised that on Tuesday, October 22, 1996, at 8:30 a.m., the County Board of Supervisors would be considering the proposal on whether the city council Mho -1- 10/1"6 327 administration of the County's harbors, beaches, and parks should be transferred to the Public _ Works Department. She noted there had been little communication and discussion subsequent to the previous letter sent by the Council in opposition to this proposal. She felt the proposal would be very detrimental and requested that the City Council prepare a resolution opposing the proposal. Finding for Consideration of Off -Agenda Item: It was moved by Council Member Jones, seconded by Council Member Campbell and unanimously carried to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. Adoption of Resolution in Opposition to Transfer of County Parks to Public Works: It was moved by Council Member Jones, seconded by Council Member Nash, that the following Resolution be adopted opposing the proposed transfer of the County's Harbors, Beaches, and Parks District to the Public Works Department: RESOLUTION NO 96-10-15-1. REQUESTING REJECTION OF PROPOSED MERGER OF ARBORS BEACHES AND PARKS INTO THE PUBLIC WORKS DEPARTMENT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS REJECT THE PROPOSED MERGER OF THE HARBORS, BEACHES AND PARKS DISTRICT INTO THE PUBLIC WORKS DEPARTMENT The motion was carried by the following vote: AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart NOES: None ABSENT: None ►�. . It was moved by Council Member Campbell, seconded by Council Member Nash, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: City Counoil Minutes AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart NOES: None ABSENT: None -2- 10/15/96 328 ' 1. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF SEPTEMBER 17. 1996 The Minutes of the Regular Meeting of September 17, 1996, were approved as submitted. The List of Demands dated September 25, 1996, in the total amount of $460,804.12 was received and filed. RECEIVE AND FILE CASH BALANCES BY FUND FOR AUGUST 1996 (330,50) The City Treasurer's Report of Cash Fund Balances for the month of August 1996 in the total amount of $63,814.27 was received and filed. 4. RECEIVE AND FILE STATUS REPORT ON NEW DEVELOPMENT APPLICATIO "1 1 The Report dated October 15, 1996, from the Planning Director, advising that four new development applications were received by the City since the last report of September 17, ' 1996, was received and filed. 5. APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBCI) CONTRACTS - YEAR 22 APPLICATION. FISCAL YEAR 1996-97 (60050) As set forth in the Report dated October 15, 1996, from the Planning Director, the City Manager was authorized to execute the Year 22 Community Development Block Grant contracts (1996-97) totaling $82,000 for two programs: 1) Contract No. EC41972 for the rehabilitation of mobile homes for low/moderate-income households ($75,000), and 2) Contract No. EC41974 for the Community Services Scholarship Assistance Program for children of very low- and low-income households ($7,000). �, • : ' 1► ' ►D • ' lul• • • /_ ul ►M _ �/SII, yM • ' �► ' 1 1 As set forth in the Report dated October 15, 1996, from the Director of Engineering and Building, the following Resolution was adopted granting easement Area L-1 to The Estates at San Juan Capistrano Homeowners Association for ongoing maintenance of landscaping and slope improvements located within City Open Space: City Council Mnutes -3- 10/15/96 329 RESOLUTION NO 96-10-15-2. GRANTING MAINTENANCE EASEN[ENT WITHIN CITY OPEN SPACE ADJACENT TO TRACT 13726 (ESTATES AT SAN JUAN APISTRANO/TOLL BROTHERS) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, GRANTING AN EASEMENT TO THE ESTATES AT SAN JUAN CAPISTRANO HOMEOWNERS ASSOCIATION FOR LANDSCAPE MAINTENANCE PURPOSES WITHIN CITY -OWNED OPEN SPACE ADJACENT TO TRACT 13726 (TOLL BROTHERS/GLENDALE FEDERAL AREA H). The Mayor was authorized to execute the easement document on behalf of the City, and the City Clerk was directed to forward the executed easement document to Mr. Brian Johnson, representing Toll Brothers, for recording. ' • I _ • IuI1�1 • ' • ' M I .11 1 As set forth in the Report dated October 15, 1996, from the Administrative Services Director, the competitive bid process for a replacement telephone system for the Community Services Department was waived because AT&T was the sole source provider of the new system to link Community Services with the existing AT&T PBX system at City Hall. The Administrative Services Director was authorized to execute the contract with AT&T for the replacement telephone system at a cost of $36,460. As set forth in the Report dated October 15, 1996, from Douglas Dumhart, Management Analyst II, the following Resolution was adopted accepting all rights, title, and interest to the Stonehill Drive extension right-of-way property known as the YMR Parcel: RESOLUTION NO 96-10-15-3 ACCEPTANCE OF ALL RIGHTS. INTEREST AND TITLE TO RIGHT-OF-WAY AND EXCESS RIGHT-OF- WAY FOR PROPERTY KNOWN AS THE YMR PARCEL (STONEHILL DRIVE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING ALL RIGHTS, INTEREST AND TITLE TO THE STONEHILL DRIVE EXTENSION RIGHT-OF-WAY AND EXCESS RIGHT-OF-WAY PROPERTY KNOWN AS THE YMR PARCEL. The City Clerk was directed to forward the Quitclaim Deed to the County Recorder for recordation. The following item was removed from the Consent Calendar at the request of Council Member Campbell. City Council Minutcs -4- 10/15/96 W111 ' APPROVAL OF STANDARD MILLS ACT CONTRACT (HISTORIC PRESERVATION) (910,10) Council Member Jones advised he would abstain on this item due to its potential financial impacts on his property. Written Communication: Report dated October 15, 1996, from the Planning Director, recommending that the "Historic Property Preservation Agreement, Mills Act Contract" be approved to establish a general format for contracts between the City and owners of qualified historical properties. The contracts would provide for the appropriate use, maintenance, and rehabilitation of an historic property to assure that such property retains its historic characteristics. As an incentive, provisions of the Mills Act allow the County Tax Assessor to assess the property at a reduced value for homeowners who enter into the minimum ten-year contract with the City. Council Member Campbell requested that the Planning Director provide periodic status reports to the City Council on the preservation of historic structures as a result of the Mills Act. Approval of Mills Act Contract General Format: It was moved by Council Member Swerdlin, seconded by Council Member Nash, that the ' "Historic Property Preservation Agreement, Mills Act Contract" be approved. The Mayor was given authorization to execute the contracts. The motion was carried by a 4-0-1 vote, with Council Member Jones abstaining due to a potential conflict of interest. Proposal: Consideration of a request to subdivide Lot 23, Tract 13025 into two parcels for the purpose of residential development. The western parcel, Parcel 1, would consist of 2.23 acres and the eastern parcel, Parcel 2, would consist of 1.02 acres. The property is located at the cul-de- sac terminus of Via Santa Maria south of San Juan Creek Road between Paseo Christina and Camino Lacouague. Applicant: Michael A. Cane, 28462 Via Ordaz, San Juan Capistrano, CA 92675 ' Written Communication: Report dated October 15, subdivision be approved, 1996, from the Planning Director, recommending that the proposed subject to conditions recommended by the Planning Commission. City Coupon Minutes -5- 10/15/96 331 Site data was on display, and Mr. Tomlinson made an oral presentation. He noted that the three recommendations forwarded by the Planning Commission had been incorporated into the proposed City Council Resolution. Mayor Hart inquired whether there were drainage problems at the site. Mr. Tomlinson advised that the existing City storm drain would not be modified with this project and that there would be no drainage problems. Public Hearing: Notice having been given as required by law, Mayor Hart opened the Public Hearing, and the following person responded: (1) The applicant, Michael A. Cane, concurred with the staff recommendation and the conditions recommended by the Planning Commission. There being no firrther input, the hearing was declared closed with the right to reopen at any time. Adoption of Resolution Approving Tentative Parcel Man 96-140: It was moved by Council Member Campbell, seconded by Council Member Jones, that the following Resolution be adopted: RESOLUTION NO 96-10-15-4. APPROVING TENTATIVE PARCEL MAP 96-140 (CANEI — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 96-140, A SUBDIVISION OF LOT 23, TRACT 13025 INTO TWO PARCELS (MICHAEL CANE). The motion was carried by the following vote: AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart NOES: None ABSENT: None • W61=11% I Wil am NX, I c1 1 11 "1 Council Member Jones advised he would abstain on this item due to its proximity to his business/residence. City Council Min.[ -6- 10/15/96 332 Consideration of a fourth amendment to the Lease Agreement with Vaquero West Mercantile to convert the use of the building's second floor to the consignment sale of antiques and collectibles; and, to delete the previous overnight accommodationtresident manager use. A n: Vaquero West Mercantile, 26755 Verdugo Street, San Juan Capistrano, CA 92675 Written Communications: (1) Report dated October 15, 1996, from the Administrative Services Director, recommending that Lease Amendment No. 4 be approved, noting that the proposed use is compatible with current zoning on the site and is a less intensive use relative to parking demands. (2) Memorandum dated October 14, 1996, from the Community Redevelopment Agency Secretary, forwarding a revised Lease Amendment containing minor language modifications to Page 1, Section 5, as recommended by the Agency Counsel. Ms. Pendleton made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Hart opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Adoption of Resolution Approving Lease Amendment No 4: It was moved by Council Member Swerdlin, seconded by Council Member Nash, that the following Resolution be adopted, approving the Lease Amendment as revised by the Agency Counsel: RESOLUTION NO 96-10-15-5. APPROVING LEASE AMENDMENT #4 WITH VAQUERO WEST MERCANTILE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE LEASE OF CERTAIN PROPERTY WITHIN THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA TO VAQUERO WEST MERCANTILE AND APPROVING LEASE AMENDMENT NO. 4 PERTAINING THERETO. The motion carried by the following vote: AYES: Council Members Campbell, Nash, Swerdlin, and Mayor Hart NOES: None ' ABSTAIN: Council Member Jones ABSENT: None City Comuil Minute. -7- 10/15/96 333 The Community Redevelopment Agency Chairman and the Executive Director were authorized to execute the Lease Amendment on behalf of the Agency. • JIIIIIRH I1 1 i Il.t • t�t1"• I • .••• Council Member Jones advised he would abstain on this item due to its proximity to his business/residence. Applicant San Juan Capistrano Community Redevelopment Agency Proposal: Consideration of a revised standard Lease Agreement for Agency -owned residential units in Little Hollywood to provide for an increase in rents based on either of two calculations: 1) 50% of the fair market rent (ranging from $317 to $549 per month), or 2) 30% of income (ranging from $288 to $995 per month). Written Communication: Report dated October 15, 1996, from the Administrative Services Director, recommending that the revised standard lease agreement be approved, to be executed with the tenants upon the completion of individual unit rebuild and rehabilitation. I.ImEnry, iiiiiiii�i; . 1; 111 Pill '' 1111111111111 11 Mm U .1011111 Proposal: Consideration of a proposed rental priority plan for occupancy of rebuilt and rehabilitated units in Little Hollywood as they become available. Written Communication: Report dated October 15, 1996, from the Administrative Services Director, forwarding the proposed priority plan and noting that the plan had been developed based on the concern for the health, safety and welfare of the minor children in tenancy in the existing Little Hollywood units. Ms. Pendleton made an oral presentation. Council's Ouestions to Staff: Council Member Swerdlin felt that the language in Section 6, Possession, was confusing with regard to the landlord's liability and "proportionate deduction of rent" should he/she be unable to deliver possession of the premises to the tenant at the commencement of the term. Mr. Denhalter felt that the proportionate reduction of rent was the solution and stated the language would be clarified. City C.il N iimtes -8- 10/15/96 334 ' Public Hearing: Notice having been given as required by law, Mayor Hart opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Council Discussion: Council Member Campbell expressed concern that when the issue of housing rentals in Little Hollywood was discussed many years ago, the intent was to give priority to residents who had a long history in the City. She noted that the proposed Priority Order list did not mention these residents. Mr. Denhalter advised that any criteria for occupancy of the units that is based on race, family origin, etc. could be construed as being discriminatory. Mayor Hart noted that all but one of the criteria gave top priority to existing residents of Little Hollywood. Approval of Revised Lease Agreement for Rental of Little Hollywood Residences: It was moved by Council Member Nash, seconded by Council Member Swerdlin, that the revised Standard Lease Agreement for houses in Little Hollywood be approved, with the language clarification in Section 6. The Community Redevelopment Agency Finance Officer was authorized to execute the leases with tenants as rebuilds and rehabilitations are completed for each unit. The motion was carried by a 4-0-1 vote, with Council Member Jones abstaining. ' Approval of Rental Priority Plan: It was moved by Council Member Nash, seconded by Council Member Swerdlin, that the Community Redevelopment Agency Finance Officer be authorized to implement the rental priority plan for vacant units being rebuilt in Little Hollywood as they become available. The motion was carried by a 4-0-1 vote, with Council Member Jones abstaining. rtl 0WR7411 •►\/ Council recessed at 7:34 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:44 p.m. as the City Council. FAIIAWMIJORVIV. \!_ . W`dd-rm Written Communication: Report dated October 15, 1996, from Douglas Dumhart, Management Analyst II, recommending that the proposed Representation Agreement between the City and Overland ' Resources, Inc. be approved for the disposition of excess right-of-way from the Stonehill Drive Extension project. On August 6, 1996, the City Council acknowledged the transfer of City Council Minutes -9- 10/15/96 335 this property and debt obligation, and authorized staff to negotiate an agreement for its disposition. Mr. Dumhart made an oral presentation. Approval of Representation Agreement with Overland Resources Inc.: It was moved by Council Member Jones, seconded by Council Member Campbell, and unanimously carried that the proposed Representation Agreement between the City and Overland Resources, Inc. be approved for the disposition of excess right-of-way from the Stonehill Drive Extension project. The Mayor was authorized to execute the Agreement on behalf of the City. • Libili .1 Written Communication: Report dated October 15, 1996, from the City Manager, recommending that a Resolution be forwarded to the Local Agency Formation Commission (LAFCO) requesting that proceedings be initiated to merge the City of San Juan Capistrano and the Capistrano Valley Water District, effective July 1, 1997, for combined efficiency of operations. Mr. Scarborough made an oral presentation. He advised that at the Water District's meeting, Bill Webb, Chairman of the Water Advisory Commission, had presented the Commission's support of the merger subject to two points: 1) Funds and assets of the Water District shall be held separately from other City accounts and used exclusively to provide service for Water District customers; and 2) the last sentence of item 6 of the application questionnaire shall be amended to provide that the assets and funds will be exclusively for providing water -related services to the benefit of water customers both in and outside City limits. Mr. Webb had requested that the two amendments be included in the application. Mr. Scarborough advised that staff concurred with the amendments subject to the City's Attorney's approval of the amended language. The City Attorney advised that the Water District Board of Directors had directed that language be included to cover liabilities, bonds and other contingencies. Inclusion of the language will be part of the City Attorney's discretion. Council Member Nash felt that the proposed merger would benefit the City, protect the water supplies and the Water District, and economize the operation of both departments. Adoption of Resolution Requesting Merger Proceedings: It was moved by Council Member Nash, seconded by Council Member Jones, that the following Resolution be adopted: City Council Minutes -10- 10/15/96 336 ' RESOLUTION NO. 96-10-15-6. PROPOSED MERGER OF THE CAPISTRANO VALLEY WATER DISTRICT WITH THE CITY OF SAN JUAN CAPISTRANO - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AND THE CAPISTRANO VALLEY WATER DISTRICT REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION TAKE PROCEEDINGS FOR THE MERGER OF THE CAPISTRANO VALLEY WATER DISTRICT WITH THE CITY OF SAN JUAN CAPISTRANO. The motion carried by the following vote: AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart NOES: None ABSENT: None Staff was authorized to submit a proposal with the Resolution justifying the proposed merger subject to the two amendments requested by the Water Advisory Commission and approval of the modified language by the City Attorney. 3. ADOPTION OF RESOLUTION RESCINDING THE OVERNIGHT BED AND BREAKFAST PARKING FOR VAQUERO WEST MERCANTILE (570.30) Council Member Jones advised he would abstain on this item due to its proximity to his business/residence. Written Communication: Report dated October 15, 1996, from Douglas Dumhart, Management Analyst II, recommending that the previously approved overnight parking permit program for bed and breakfast guests at Vaquero West Mercantile, located at 26755 Verdugo Street, be rescinded, and that a "Vaquero West Management Only" parking zone be instituted adjacent to the Vaquero West building at the egress of the multi -modal lot in what is currently a loading zone. The action would ensure uniform enforcement of the loading zone. Douglas Dumhart, Management Analyst II, made an oral presentation. Council Member Nash noted her experience that parking in the loading zone created traffic circulation problems, particularly during times that the train stopped at the Depot. She stated she was not in favor of the proposal because of its negative impact on traffic circulation in that area. She suggested that the management parking space be located in the parking lot behind the building and the current loading zone remain restricted to loading only with a ' limited parking time. Council Member Campbell concurred that the area should remain a loading zone. city commit Minutes -11- 10/15/96 KXVA Mr. Dumhart advised that the California Vehicle Code limits unloading time to 20 minutes. He also noted that Vaquero West had previously been granted four parking permits which allows their employees to park long-term in the multi -modal parking lot. Adoption of Resolution RescindingOvernight vernight Parking Permit Program: It was moved by Council Member Nash, seconded by Council Member Campbell, that parking in the loading zone be limited to 20 minutes, as allowed by the California Vehicle Code, and that the following Resolution be adopted, as modified to delete the establishment of a parking stall adjacent to the Vaquero West building: RESOLUTION NO, 96-10-15-7. RESCINDING VAQUERO WEST OVERNIGHT PARKING PERMIT PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RESCINDING VAQUERO WEST OVERNIGHT PARKING PERMIT PROGRAM IN THE CAPISTRANO DEPOT EAST PARKING LOT. The motion carried by the following vote: AYES: Council Members Campbell, Nash, Swerdlin, and Mayor Hart NOES: None ABSTAIN: Council Member Jones ABSENT: None •••• • 1 •' •_ 1�•10111 • • 1 I I' • • • 1 1 Written Communication: Report dated October 15, 1996, from the City Manager, forwarding the Memorandum of Understanding for Classified Employees for fiscal year 1996-97. The contract provides for a 3.0% salary increase, modifications to the Education Incentive Program, and the exchange of the Retiree Health Benefit Plan availability for City retirees for a stipend from the OCERS ARBA Account towards the purchase of the retiree's health care coverage. Council Member Nash commended staff on maintaining high morale and working hard despite a 20% reduction in staff and the lack of salary raises since 1993. Aporoval of Memorandum of Understanding: It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried that the Memorandum of Understanding between the City and the San Juan Capistrano Classified Employees Association be approved for fiscal year 1996-97. City Counoil Minutes -12- 10/15/96 338 ' Adoption of Resolution Authorizing Modifications to the Citv's Classification and Compensation Plan: It was moved by Council Member Nash, seconded by Council Member Jones, that the following Resolution be adopted: RESOLUTION NO 96-10-15-8 AMENDING RESOLUTION NO. 94-12-6-5 THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN - FISCAL YEAR 1996-97 CLASSIFIED MEMORANDUM OF UNDERSTANDING - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN - FISCAL YEAR 1996-97 MEMORANDUM OF UNDERSTANDING/SAN JUAN CAPISTRANO CLASSIFIED EMPLOYEES ASSOCIATION The motion carried by the following vote: AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart NOES: None ABSENT: None 5. APPROVAL OF AMENDMENT TO CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN - DELETION OF ASSISTANT TO THE CITY MANAGER POSITION AND CREATION OF ASSISTANT CITY MAN POSITION (711 1 Written Communication: Report dated October 15, 1996, from the City Manager, recommending that the City's Personnel Classification and Compensation Plan be amended to delete the position of Assistant to the City Manager and to create the position of Assistant City Manager to provide a more efficient reporting structure and a higher level of managerial oversight and operation coordination. Mr. Scarborough made an oral presentation. He noted that the salary for the new position would begin at Step 1 and an internal recruitment would take place. Adoption of Resolution Deleting Position of Assistant to the City Manager and rating Position of Assistant City Manager: It was moved by Council Member Nash, seconded by Council Member Jones, that the following Resolution be adopted: City Council Minutes -13- 10/15/96 339 RESOLUTION NO 96-10-15-9 AMENDING RESOLUTION NO 94-12-6-5 THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN - ASSISTANT CITY MANAGER - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN TO CREATE THE CLASSIFICATION OF ASSISTANT CITY MANAGER AND ELINIINATE THE CLASSIFICATION OF ASSISTANT TO THE CITY MANAGER The motion carried by the following vote: AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart NOES: None ABSENT: None Staff was authorized to allocate $5,192 from the General Fund Reserve to cover the salary differential between the two positions for the period of November 1996 to June 30, 1997. Written Communication: Report dated October 15, 1996, from the City Clerk, advising that the Ordinance was introduced at the meeting of October 1, 1996, and was scheduled for adoption. Adoption of Ordinance: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Jones, seconded by Council Member Nash, that the following Ordinance be adopted: ORDINANCE NO 783 AN AMENDMENT TO TITLE 2 CHAPTER 2 ARTICLE 2 OF THE MUNICIPAL CODE ENTITLED HOUSING ADVISORY COMMITTEE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2, ARTICLE 2, ESTABLISHING A HOUSING ADVISORY COMMITTEE. The motion carried by the following vote: City comoil minutcs 10/15196 340 AYES NOES Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart None ABSENT: None COUNCILMANIC ITEMS �Smfo No CI Zemmol wag &I I• ► I Council Member Campbell advised that the Corridor was scheduled to open on November 21, 1996, approximately three months ahead of the original schedule. She noted that motorists would be allowed to travel free on the Corridor for the first three days after it opened and expected that landscaping would be completed within the next six months. Council Member Jones commended the hard work and effort expended by Council Member Campbell in negotiating with the Transportation Corridor Agency on the installation of landscaping in San Juan Capistrano. He noted that irrigation work had ' already begun and felt that the landscaping might be completed in less than six months. Mr. Huber advised he was still working with residents and the School District on the construction of noise attenuation walls along the freeway. He anticipated that construction of the last two sections of wall would commence later this month. Council Member Campbell noted that the wall by San Juan Village would be even more attractive after the landscaping is installed, which includes trees and a sprinkler system. 110MENTMIMeW. IT Mayor Hart advised that the League's Council of Governments was established and was moving forward in representing the South County on major issues such as the El Toro Airport and expansion of the Musick facility. Council Member Swerdlin advised that at the League's Annual Conference a resolution was adopted expanding the ability of the League President to appoint fourteen instead of seven members to each policy committee. Council Member Jones advised that the management study was completed and would be addressed at a special executive meeting on October 22. He noted that the Joint City Counoil Minutes -15- 10/15/96 341 Powers Authority may be restructured to increase efficiency and reduce costs for policy making meetings. Council Member Swerdlin noted the meeting scheduled for next week. e. Joint Powers Insurance AuthoLb (11302 Council Member Swerdlin noted the meeting scheduled for next week. He stated that consideration of improved coverage for catastrophic insurance for participating cities was agendized for the November meeting. rAINNOWNTIR19R.♦ - ,.1.--11'1 .t a .t 1 1 Council Member Nash advised that a meeting was scheduled for October 17 with the Commission's ad hoc committee to formulate recommendations regarding the future operation of the County's landfills. COUNCH, COMMENTS HARVEST FESTIVAL, (150,60) Council Member Jones encouraged attendance at the Chamber of Commerce's annual Harvest Festival on October 27, which will be held on private property in the Los Rios Historic District. •� •► • •••amll U-96JIMMM611KI.1 1 Mayor Hart inquired about the appropriate time to appoint a Council representative to the County Vector Control District. Mr. Denhalter suggested that the item be agendized for the November 5 meeting since the issue of City Council representatives on the Board had been resolved. Finding for Consideration of Additional Closed Session Item: It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried to find that the following item was not available prior to publication of the Council agenda and consideration under Closed Session was necessary at this time: Public Employees Performance Evaluation of City Manager. CLOSED SESSION (610.85) Council recessed to a Closed Session at 8:10 p.m. for: City Council Minutes -16- 10/15/96 L7 n, L� Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(b), for significant exposure to litigation in three cases, and Government Code Section 54956.9(c), the initiation of litigation in two cases; 2. Conference with Labor Negotiator per Government Code Section 54957.6, with George Scarborough, City Manager, in discussion with the Executive Group; and 3. Public Employee Performance Evaluation, per Government Code Section 54957.6, position being reviewed is City Manager. The City Clerk was excused therefrom, and the meeting reconvened at 8:44 p.m. COUNCIL ACTIONS FOLLOWING CLOSED SESSION Mr. Denhalter advised there was no action to report on any of the items. There being no further business before the Council, the meeting was adjourned at 8:44 p.m. to the next regular meeting date of Tuesday, November 5, 1996, at 7:00 p.m. in the City Council Chamber. ATTEST: WYAT T, MAYOR City C.il Minute Respectfully submitted, -17- 10/15196 342